Collins v Campbell [2014] NSWSC 310

Collins v Campbell [2014] NSWSC 310

The court granted leave to amend the statement of claim because the amendments concerned a restatement of legal claims (subrogation and equitable mortgage) with few, if any, additional facts, no unfair prejudice to the defendants, and no significant breach of the procedural objectives set out in the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
21 March 2014
Procedural Posture
Interlocutory Application / Application for Leave to Amend Statement of Claim and Related Orders
Outcome
Leave to amend statement of claim granted; consequential procedural orders made.
Legal Topics
['amendment of Pleadings' 'possession Proceedings' 'subrogation' 'ancillary Orders']
['civil Procedure'] ['amendment of Pleadings' 'possession Proceedings' 'subrogation' 'ancillary Orders']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Leave to Amend Statement of Claim and Related Orders

Legal Issues

  1. 1 ['Whether to grant leave to amend the statement of claim to include a subrogation claim by payment out of prior mortgagee' 'Whether the amendments cause prejudice to the defendants' 'Effect of late amendment in light of procedural justice and case management']

Ratio Decidendi

The court granted leave to amend the statement of claim because the amendments concerned a restatement of legal claims (subrogation and equitable mortgage) with few, if any, additional facts, no unfair prejudice to the defendants, and no significant breach of the procedural objectives set out in the Civil Procedure Act 2005 (NSW).

Court Disposition

Leave to amend statement of claim granted; consequential procedural orders made.

Orders

  • ["Leave to the Plaintiffs to file a Further Amended Statement of Claim in the form annexed to the Plaintiffs' written submissions, such Further Amended Statement of Claim to be filed and served by 28 March 2014." 'The Defendants are to file defences by 11 April 2014.' 'Ancillary orders in terms of paragraphs 2 and 3...